Technical Arrangement

TECHNICAL ARRANGEMENT

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF MONTENEGRO AND THE EUROPEAN UNION FORCE (EUFOR) CONCERNING TRANSIT ARRANGEMENTS

Article 1. (Purpose)

The Secretary General to the Council of the European Union and the Minister of Foreign Affairs of the previous State Union of Serbia and Montenegro have agreed by the Exchange of Letters that European Union (EU) may move EU units, their personnel, vehicles and aircraft between Bosnia and Herzegovina (BiH) and Kosovo and vice versa, crossing over Serbia and Montenegro territory and airspace. This document sets out the requirements for transit arrangements and the related requirements for Host Nation Support (HNS) by Montenegro, later referred to as the Host Nation (HN).

Article 2. (Authority)

Authority for the Commander European Union Force (ComEUFOR) to conclude this Technical Arrangement (TA) for the practical arrangements of the Operation, is contained in the Exchange of Letters between the Secretary General to the Council of the European Union and the Minister of Foreign Affairs of the previous State Union of Serbia and Montenegro dated the 14th and 20th July 2005, respectively, referred to as ‘Exchange of Letters’.

The Minister of Foreign Affairs of the previous State Union of Serbia and Montenegro and ComEUFOR have agreed on a TA for the transit of EU units on 23rd of January of 2006.

On 24 January 2007 the Minister of Foreign Affairs of The Republic of Montenegro has confirmed that The Republic of Montenegro has accepted all international obligations of the previous State Union by the Decision of the Parliament of the Republic of Montenegro on the Proclamation of Independence, and that therefore, the Republic of Montenegro accepts legal succession to the TA between EUFOR and Serbia and Montenegro.

Article 3. (Basic provisions)

3.1 The Exchange of Letters provides blanket diplomatic clearance for the transit of EUFOR through HN territory and airspace.

3.2 As agreed in the Exchange of Letters, although European Union Forces (EUFOR) will provide the HN authorities with as much advance notice as possible, the delivery of clearances will be effected with at least 24 hours notice.

3.3 Once initiated, HNS will continue until it is mutually accepted that such support is no longer required.

3.4 As agreed in the Exchange of Letters, EUFOR and its personnel shall be exempted from customs duties and control and other governmental taxes, levies and dues associated with the importation/exportation of such items, according to the procedure in Annex A.

3.5 As agreed in the Exchange of Letters, HN Customs and Police shall have no right of search of EUFOR personnel, vehicles and aircraft.

3.6 As agreed in the Exchange of Letters, EUFOR personnel, vehicles and aircraft shall be exempt from all tolls and fees while transiting through HN territory and airspace.

3.7 EUFOR vehicles and convoys shall have priority of passage at the Border Crossing Points (BCP).

3.8 EUFOR Military personnel will usually travel in national uniform and carry their weapons and ammunition while transiting through HN territory and airspace. Vehicle mounted weapons will be unloaded and covered throughout the transit of HN territory. Personal weapons may be carried in vehicles but magazines and ammunition will be separated from weapons and secured in personal equipment. Only military police and security 2 elements may carry their personal weapons loaded (no round in the chamber). In the case of an emergency weapons and ammunition may be removed from vehicles.

3.9 EUFOR vehicles and convoys transiting through HN territory, aircraft and helicopters transiting through HN airspace, may include civilian EUFOR employees, and contractors.

3.10 EUFOR shall be permitted to perform periodic route reconnaissance and familiarisation visits.

3.11 EUFOR will provide Liaison Officers as agreed with the HN Authorities.

3.12 As agreed in the Exchange of Letters, EUFOR forces will respect the HN laws.

3.13 The provisions of the Convention of the Privileges and Immunities of the United Nations adopted on 13 February 1946 concerning experts on mission shall apply mutatis mutandis to EUFOR personnel involved in these operations, except as otherwise provided for. Moreover, EUFOR, its property and assets shall enjoy the privileges and immunities specified in that Convention and as stated in the present TA. EUFOR personnel shall enjoy immunity from personal arrest or detention and from seizure of their personal baggage. They shall be subject to the exclusive jurisdiction of their respective national elements in respect of any criminal or disciplinary offences, which may be committed by them within the HN territory. In respect of words spoken or written and acts done by them in the course of the performance of their mission, they will be accorded immunity from civil and administrative jurisdiction of every kind. This immunity shall continue to be accorded notwithstanding the fact that they might no longer be in the employ of the respective national elements.

3.14 As agreed in the Exchange of Letters, Claims for damages or injury will be settled between representatives of the EUFOR Command and the competent HN authorities.

Claims for damages or injuries to personnel or property, or to private persons or property of the HN shall be submitted to EUFOR HQ Claims Office Sarajevo directly or through designated HN representatives.

3 Claims for damages or injuries caused to EUFOR personnel or property by a legal entity and citizens of the HN shall be submitted to the designated HN representatives. The claim procedure is set out in Annex B.

3.15 Whilst crossing the HN territory or airspace, EUFOR troops will remain under EUFOR command and control.

Article 4. (Concept)

4.1 For the implementation of this TA and for the purpose of effective transit, both Parties will make all efforts to communicate in a timely manner. Should the status of this information change, the parties will inform each other of the said change(s) as soon as is reasonably practicable.

4.2 Notification

4.2.1 HQ EUFOR will be responsible for notifying the HN Authorities of proposed movements. A minimum of 24 hrs notice will be provided. The Parties shall inform each other of the designated Point Of Contact (POC) for such notifications. The request should be submitted to the Ministry of Foreign Affairs of Montenegro and the Police Directorate of the HN that issues the required permission. (See POC list at Annex C).

4.2.2 In the event that a convoy is cancelled, HQ EUFOR will notify the HN POC at the earliest opportunity. See 4.2.1

4.2.3 The following details will be provided: a. The planned Date of Movement. b. Convoy Credit Number (CCN). c. Unit moving. d. Number of Vehicles and type. e. Estimated Time of Departure (ETD) (the exact time will be submitted as soon as possible). f. Convoy Route. g. BCP: Expected point of entry into HN. h. Estimated Time of Arrival (ETA) at BCPs: The approximate time the move is planned to go through the BCPs.

4 i. Anticipated locations and timings of Rest Halts during the transit movement. ј. Oversized Vehicles: The size of largest vehicle in the convoy (to include Weight/ Width/ Height/ Length). k. Notification, data, information on convoys, personnel and material under 4.3, 4.4 and 4.5 below. l. Total number of convoy members including number of security elements. m. Data on weaponry

4.3 General Convoy Information

An oversized vehicle is considered to be Width> 2.60m; Length> 16.50m; Height> 4.00m and Weight> MLC 40. It may be either tracked or wheeled. A convoy is defined as 7 or more vehicles. Convoys of 15 or more vehicles will be broken into packets and released at intervals of 15 minutes. Convoys could include civilian coaches under contract to EUFOR for personnel transport. All such coaches will carry the appropriate convoy markings. Convoys may also include vehicles from commercial freight contractors under contract to EUFOR. These vehicles will be marked appropriately and details of the contractors will be provided in advance. Every convoy will have a designated commander and details will be forwarded to the HN authorities. 4.4 Notification of Dangerous Goods

Dangerous goods carried by the convoy will be notified to the HN authorities in accordance with the European Agreement concerning the International carriage of dangerous goods by road (ADR).

4.5 Identification

4.5.1 Personnel Identification

All EUFOR personnel travelling in vehicles and convoys will usually be dressed in national uniform and will carry a EUFOR Identification (ID) Card or relevant national military ID. Civilian EUFOR employees and contractors will carry a EUFOR ID card.

In the case of contractors, the following personal information will be provided:

Surname Given name Date of Birth 5 Place of birth Nationality Passport number

4.5.2 Vehicle Identification

All convoys and oversized vehicles will be issued with a CCN. The CCN identifies the convoy and will be placed on both sides of all vehicles and on the front of the leading and the back of the trailing vehicle of each convoy. An example of a CCN is: 01/EUFOR/01/B/NLDEU/08 a. 01/EUFOR/01/B/NLDEU/08. 01 indicates the day of the month. b. 01/EUFOR/01/B/NLDEU/08. EUFOR indicates the controlling authority that has given the permission for the movement. c. 01/EUFOR/01/B/NLDEU/08. 01 indicates the movement serial number of the day. d. 01/EUFOR/01/B/NLDEU/08. B indicates the originating Start Point (SP); Codes to use are: A - Outside the Theatre; B - Bosnia and Herzegovina. e. 01/EUFOR/01/B/NLDEU/08. NLDEU indicates the nationality of the convoy. f. 01/EUFOR/01/B/NLDEU/08. 08 indicate the number of vehicles in the convoy.

4.6. Transit Routes

The Montenegrin Directorate for Roads will provide route data, such as bridge capacity, width and height of tunnels etc. They will also provide any current information affecting use of the proposed route.

4.6.1. The main transit route will be: Trebinje, BCP Ilino Brdo Nikšić, Podgorica, Kolašin, Mojkovac, Ribarevine, Berane, Rožaje, BCP Kula 6 Alternatively for light vehicles, the transit route via Čajniče, BCP Savine Vode, Pljevlja, Djurdjevića Tara, Mojkovac, Ribarevine, Berane, Rožaje, BCP Kula may be used.

4.6.2 Rest Halts

4.6.2.1 EUFOR convoys are mandated to take short halts after approximately every 2hrs driving. EUFOR convoys undertake to leave rest places in a clean condition after use, or in the same condition as they were found, in cooperation with relevant local authorities.

4.6.2.2 At rest stops weapons, ammunition and ancillaries will remain in vehicles, under guard, and weapons will not be carried in public places.

4.6.3 Action in the Event of Traffic Offences

4.6.3.1 Should a EUFOR vehicle, or convoy break HN Traffic Regulations, the HN Police, whose presence is mandatory, should raise a report covering the incident, providing details of the offence, including the place, time, CCN, etc. The report should be forwarded to the HQ EUFOR:

4.6.3.2 EUFOR will investigate fully and where appropriate, disciplinary action shall be taken against the offender(s). Details of the outcome shall be passed to the HN Authorities. Contact details are provided at Para. 4.6.3.1 and 4.6.3.2. above (and in the contact list at Annex C).

4.6.4 Action In The Event of Breakdown

A Recovery Point Of Contact (RPOC) will be designated by EUFOR and advised to all convoy commanders prior to departure. Convoy columns will not normally halt when a single vehicle breaks down. Broken down vehicles will display yellow flags, warning triangles and warning flasher lights. The vehicle will be moved off the main road. Vehicles of the same unit will attempt to recover broken down vehicles prior to requesting assistance from the RPOC. Recovery vehicles will be placed at the rear of the convoy. If roadside repair and recovery is not available, the convoy commander will request RPOC assistance. The RPOC will arrange for recovery of the broken down vehicle(s).

4.6.5 Action in the Event of an Accident

7 4.6.5.1 Every EUFOR convoy, where possible, will contain an International Military Police (IMP) element. Where a convoy is split into several packets, the IMP element may be contained in a single package or split between packages. In the event of an accident involving a EUFOR vehicle, the Convoy Commander will advise the IMP, who will take control of the incident. The IMP will be responsible for liaising with the HN police escort, if provided, or contacting the local police where there is no escort. The IMP will ensure that EUFOR procedures are adhered to and that the HN laws are respected. The IMP will act as the initial point of contact for all actions relating to the accident and will raise an accident report. The IMP will also assist with traffic control and the recovery of damaged vehicles.

4.6.5.2 In case of an accident involving a EUFOR vehicle, EUFOR personnel will take the following actions: a. Contact local police (see Annex C) and EUFOR Military Police. b. Render first aid to any injured persons. Arrange Transport to closest Medical Facility, if needed. c. Turn on four-way flashers/hazard lights. Set out vehicle warning triangle. d. Direct traffic away from the accident if necessary e. Obtain names and addresses of any witnesses and other personnel (civilian and military) involved. Write down the types, colours, license plate numbers, country markings, and any other information on the vehicles involved. Take photographs where possible. f. If, the vehicle(s) must be moved for safety reasons, before the Police/MPs arrive, take photographs or make a sketch of the accident scene.

4.6.5.3 The POC for all subsequent actions relating to the accident is the HQ EUFOR PROVOST MARSHAL and HN authorities. See Para. 4.6.3.1 and 4.6.3.2. above.

4.6.5.4 In accidents involving dangerous goods EUFOR personnel shall without delay organize and take reasonable measures to reduce the damage caused to the environment or eliminate further risks or dangers to it and it shall notify the HN authorities.

4.6.6 Escorts

8 The HN will provide an escort, usually consisting of a vehicle at the front and rear of each convoy.

4.7 Medical Treatment and Emergencies

Convoys will normally include organic Role 1 medical cover. For medical emergencies beyond the ability of Role 1 specialists, local medical facilities will be used. EUFOR or the individual Nations contributing to the Operation will cover all medical expenses for EUFOR personnel. Details of the billing mechanism are at Article 6 below. In case of medical emergencies, the convoy commander may call on helicopter MEDEVAC from EUFOR assets, with prior notification to the Ministry of Foreign Affairs. If a flight is required the Montenegrin Flight Control Directorate will be informed by phone and fax (see Annex C).

4.8 Air transit

EUFOR proposes to use the NATO Air Corridors L608 and M867 established through HN airspace, for transit from BiH to Kosovo and vice versa. Periodically, EUFOR may wish to use alternative flight routes by mutual agreement with the HN authorities. Details of the proposed alternative routes will be provided in the Flight Plans that will be notified to the HN authorities through Combined Air Operations Centre 5 (CAOC 5) in accordance with the existing agreement with the HN, and a minimum of 24 hours before the flight.

4.8.1 Procedures

4.8.1.1 Blanket diplomatic clearance for all EUFOR flights is provided through the Exchange of Letters. Notification of actual journeys will be effected with at least 24 hours notice by copying the Flight Plan to the relevant HN authorities (see Annex C). It is proposed that the HN provide a block of diplomatic clearance numbers to be taken up sequentially by EUFOR flights.

4.8.1.2 All EUFOR flights planning to enter HN airspace will file a standard General Air Traffic (GAT) Flight Plan in accordance with International Civil Aviation Organisation (ICAO) rules. In addition to standard data, the flight plan will include:

4.8.1.2.1 Estimated Time Overhead (ETO) for each Transfer Control Point (TCP) along the route of flight, entering and exiting HN airspace. 9 4.8.1.2.2 The HN Diplomatic Clearance Number. 4.8.1.2.3 The ICAO cargo category in Item 18, in the Remarks field. 4.8.1.2.4 Clearance to enter HN airspace assumes the aircraft will be established on course and on level at the cleared altitude (FL100 minimum) at the respective TCP. If unable to meet allocated TCP time (plus / minus 3 minutes), the aircraft will contact PRISTINA Approach (L608), or Zagreb Approach (M867) prior to entering HN airspace.

Flight plan clearance will be obtained prior to take off. Any change in data shall be advised at least 20 minutes prior to passing the entry TCP.

4.8.2 Visual Flight Rules (VFR) specifics

4.8.2.1 VFR flights (helicopter assets) may legally operate in Visual Meteorological Conditions (VMC) between 500 ft AGL and 9,500 ft Mean Sea Level (MSL).

4.8.2.2 It is recognized that TCPs “GORAV”, “MEDUX”, “DOLEV” and “PODOB” must still be crossed at Flight Level (FL) 100. A standard GAT flight plan will therefore be filed.

4.8.2.3 In addition to standard data, flights flown under such conditions will provide the following information:

4.8.2.3.1 All altitude change points within HN. 4.8.2.3.2 ETOs at TCPs, and corresponding altitudes/FL. 4.8.2.3.3 ETOs at points ‘PELUN’, ‘RAKOR’, ‘BEDAK’, ‘MODRA’, and ‘TUSER’.

Article 5. (Co-ordination/Control)

5.1 HQ EUFOR will co-ordinate all EUFOR requests and has authority to liaise directly with relevant HN authorities. 5.2 EUFOR specialists will form part of the HN Reconnaissance Party, which will conduct periodic liaison and familiarisation visits.

10 5.3 The awarded communications frequencies agreed between EUFOR and HN authorities in order to maintain command and control of the convoy during movement will be in the following range: between 3 and 10 МHz, between 30 and 88 MHz and between 225 and 400 MHz (see Annex D).

Article 6. (Financial Procedures)

6.1 Costs of services that EUFOR may use in the territory of HN shall be identical to the costs of services paid by the Montenegrin Armed Forces.

6.2 All payments for goods and services, which are requested and given, shall be settled by one of the following methods, unless this TA stipulates differently: a. In cash by an authorized EUFOR representative, b. Via a bank transfer up to 30 days from the date a goods and/or services invoice has been issued.

6.3 All invoices for services requested and received by EUFOR should be submitted to the Finance Office, HQ EUFOR, Camp Butmir, Sarajevo, BiH. Invoices submitted to HQ EUFOR must be settled within 30 days of receipt (see Para. 6.2.b above).

Article 7. (Environmental Protection)

In accordance with the Exchange of Letters, EUFOR forces will respect the HN laws, including all aspects of Environmental Protection in addition to the EUFOR policies and regulations.

Article 8. (Commencement, Amendment and Termination)

11 8.1 The present Arrangement shall enter into force on the date when the HN informs EUFOR that all legal procedures for the entry into force of the present TA have been fulfilled. The TA shall be applied provisionally as from the date of its signing.

8.2 The TA can be amended or terminated at any time in writing by mutual consent. Amendments to the TA should be agreed and implemented within 1 (one) month and any intention to terminate should be preceded by a 3 (three) month notification.

8.3 This TA shall remain in force until completion of the EUFOR Operation in the Balkans region or as the Parties otherwise agree.

Signed in Podgorica on 7th of May of 2007 in two original copies, each of them in English and the official language of the Republic of Montenegro. In case of a difference in interpretation, the English version prevails.

For the Republic of Montenegro For EUFOR

H.E.Mr. Rear Admiral Milan Roćen Hans-Jochen Witthauer Minister of Foreign Affairs Commander European Union Force